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Regulatory Developments
OIG: Another Advisory Opinion on Ambulances
On April 25, 2003, the Office of the Inspector General (OIG) for the U.S. Department of Health and Human Services (HHS) posted OIG Advisory Opinion No. 03-09 to the agency's Web site: http://oig.hhs.gov/. In this advisory opinion, the OIG was once again asked to provide advice about whether it may seek to impose sanctions under the agency's exclusion authority or civil monetary penalties for illegal remuneration being provided to beneficiaries. The OIG answered by indicating that, under the facts provided, it would not seek to impose such sanctions.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.